A guardianship is the legal process by which the law allows for a guardian to be appointed to make decisions for someone who no longer has the ability to make their own decisions.  The guardianship may be as to the person only, the persons "estate" or "assets" only, or as to both the person and their assets. Many times a guardianship is necessary where an individual has mentally regressed to a point where they have difficulty caring for themselves and need either some assistance or complete assistance in handling their health and financial affairs.

The procedural aspects of a guardianship are extremely complex. There may also be resistance to a guardianship action from either the alleged incapacitated person or other family members. Physicians and other health care providers must often become involved, as well as financial advisors, and attorneys appointed by the court. While the task of a guardianship may seem overwhelming, it may be the only course of action available to protect the incapacitated individual and their assets.     

If you are concerned about someone in your family who may need a guardian and want to now more about this process contact THE BROWN DePINTO LAW FIRM today to see if we can help you.